Patent Filing Process in India

Patent Filing Process in India

The patent application process in India is an important legal structure that promotes innovation by giving inventors exclusive rights to their ideas. Understanding the complexities of this process is critical for individuals and organizations seeking to safeguard their intellectual property. Shekhawat Law outlines the patent filing procedure step by step, making it easier for inventors to manage the legal complexity and protect their discoveries.

What is a Patent?

A patent is a legal right that grants an inventor or assignee exclusive rights to produce, use, sell, or distribute a new invention for a set length of time. Patents in India are governed by the Patents Act of 1970 and maintained by the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM). Once granted, a patent gives the owner the sole right to prevent anyone from using the protected innovation without permission.

Also Read More: Role of IPR Law Firms 

Types of Patents in India

Before diving into the filing process, it is essential to know the types of patents that can be filed in India:

1. Utility Patent: Protects the functional aspects of an invention.

2. Design Patent: Protects the aesthetic design of a product.

3. Provisional Patent: Allows an inventor to secure a filing date for their invention even if it is not fully developed.

4. Complete Patent: Filed when the invention is complete and ready for evaluation.

Also Read: Different Types of Patent Applications in India 

Step-by-Step Patent Filing Process in India

The patent filing process in India involves several stages, from conducting a thorough patent search to receiving a patent grant. Here’s a detailed look at each step:

1. Conducting a Patent Search

Before filing a patent, make sure that the invention is new and has not already been patented by someone else. A patent search determines whether the invention fits the patentability criteria, which include novelty, inventive step, and industrial application. This can be accomplished using the Indian Patent Database or other international databases such as WIPO (World Intellectual Property Organization) or USPTO (United States Patent and Trademark Office).

Shekhawat Law offers comprehensive patent search services, saving innovators time and effort by finding potential overlaps with existing patents.

2. Drafting a Patent Application

Once the patent search is complete and the invention is deemed patentable, the next step is drafting the patent specification. This is a critical document as it defines the scope of protection for the invention. A patent application can be drafted in two formats:

• Provisional Application: Filed if the invention is still in the development phase. It provides a filing date and priority but doesn’t require complete details of the invention.

• Complete Application: Filed when the invention is fully developed. It contains detailed specifications, including the title of the invention, field of the invention, background, summary, detailed description, and claims.

The claims section is particularly vital as it outlines the extent of legal protection the inventor seeks. A poorly drafted claim can lead to limited protection or even rejection. That’s why professional help, like the patent drafting services offered by Shekhawat Law, is indispensable to ensure accuracy and compliance with Indian patent laws.

3. Filing the Patent Application

The patent application can be filed physically at one of the patent offices in Delhi, Mumbai, Chennai, or Kolkata, or electronically via the Indian Patent Office e-filing system.

After filing, a Patent Application Number is assigned. If a provisional application was filed, the complete specification must be filed within 12 months, or the application would be abandoned.

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4. Publication of Patent Application

After 18 months from the filing or priority date, the patent application is automatically published in the Patent Journal. However, the applicant can seek early publication by completing Form 9, which expedites the procedure.

Once published, the invention information are made available to the public, but no rights are granted until the patent is issued. Shekhawat Law can help manage timeframes and ensure a smooth early publication if necessary.

5. Patent Examination

The patent application undergoes an examination to check if the invention meets the patentability criteria. This step is not automatic, and the applicant must file Form 18 (Request for Examination) within 48 months from the filing or priority date.

During the examination, the Patent Examiner scrutinizes the invention for:

• Novelty

• Inventive step (non-obviousness)

• Industrial application

• Adequate disclosure

The examiner may issue a First Examination Report (FER) highlighting any objections. The applicant is given six months to respond to these objections. With experienced attorneys from Shekhawat Law handling these objections, applicants can rest assured that their responses will be well-drafted and address all legal concerns.

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6. Grant of Patent

If the objections are adequately addressed, the patent is awarded and a patent grant certificate is issued. The details of the approved patent are published in the Patent Journal, giving the applicant exclusive rights for 20 years from the filing date.

Once awarded, the patent holder has the sole right to restrict others from manufacturing, using, or selling the invention without their permission.

7. Post-Grant Compliance

To keep the patent alive once it has been awarded, the patent owner must guarantee that the maintenance payments are paid on time. Failure to do so may cause the patent to lapse. In the event of infringement, the patent owner may also seek to enforce their rights through litigation. Shekhawat Law provides post-grant legal support to clients, ensuring that they keep their patent rights and take legal action against infringers.

Also Read: Best Patent Law Firms In India 

Why Choose Shekhawat Law for Patent Filing in India?

Filing a patent requires a deep understanding of legal intricacies and technical details. At Shekhawat Law, we offer a comprehensive range of services designed to make the patent filing process seamless for inventors. Here’s why you should choose us:

1. Expertise: Our team of legal experts and technical professionals specializes in patent law and can handle complex inventions across various industries.

2. End-to-End Services: From patent searches and drafting to responding to examination reports and handling litigation, we provide end-to-end services.

3. Customized Solutions: We tailor our services to suit the unique needs of each client, ensuring that their inventions receive the best possible legal protection.

4. Transparent Pricing: We offer competitive and transparent pricing, allowing inventors to understand the costs involved upfront.

5. Proven Track Record: With years of experience in handling patent filings, Shekhawat Law has helped numerous clients secure patents for their innovations.

Also Read: The Impact of AI on Intellectual Property Law 

Conclusion

Obtaining a patent is an important step toward protecting your intellectual property. The process may appear difficult, but with Shekhawat Law on your side, you can negotiate the complexity of patent filing in India with confidence. Contact us today to learn more about how we can help you protect your innovation and ensure its economic success.